Villa

I. BACKGROUND

1 A. Statement of Facts1 2 Early in the morning of January 3, 2009, Johnson was out in Redwood City with two of his 3 friends. They took a six-pack of soda from a Safeway loading dock and proceeded along some 4 nearby train tracks to an overpass. From the overpass, they threw several cans of soda and rocks 5 onto the road below. Two of the rocks hit a car in which Petitioner and three of his cousins— 6 Jonathan Herrera, Uriel Villa, Jr., and Luis Herrera—were riding. Petitioner and his cousins 7 pursued Johnson and confronted him in a parking lot. There, some or all of them punched and 8 kicked at Johnson, and Petitioner stabbed Johnson multiple times. Johnson later passed away 9 from the wounds he sustained during the attack. 10 Once Petitioner and his cousins learned of Johnson’s death, they fled for Mexico. 11 However, the three cousins soon returned to the United States, after which they spoke to police 12 and testified before a grand jury. In their interviews with police and before the grand jury, each of 13 the cousins lied about fleeing to Mexico. Petitioner stayed in Mexico, where he was arrested and 14 then returned to the United States. At…